Personal Data Protection
41
(2) The Minister may by order published in the Gazette
exclude the application of subparagraph (1)(b)(i), (viii) or (ix)
in such cases as may be specified in the order, or provide that,
in such cases as may be specified in the order, the condition
in subparagraph (1)(b)(i), (viii) or (ix) is not to be regarded as
satisfied unless such further conditions as may be specified in
the order are also satisfied.
(3) A person who contravenes subsection (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding
two hundred thousand ringgit or to imprisonment for a term not
exceeding two years or to both.
(4) For the purposes of this section—
“medical purposes” includes the purposes of preventive
medicine, medical diagnosis, medical research, rehabilitation
and the provision of care and treatment and the management of
healthcare services;
“healthcare services” has the meaning assigned to it in the
Private Healthcare Facilities and Services Act 1998 [Act 586];
“healthcare professional” means a medical practitioner, dental
practitioner, pharmacist, clinical psychologist, nurse, midwife,
medical assistant, physiotherapist, occupational therapist and other
allied healthcare professionals and any other person involved in
the giving of medical, health, dental, pharmaceutical and any
other healthcare services under the jurisdiction of the Ministry
of Health.
Repeated collection of personal data in same circumstances
41. (1) Where a data user—
(a) has complied with the provisions of the Notice and Choice
Principle under section 7 in respect of the collection of
personal data from the data subject, referred to as the
“first collection”; and
(b) on any subsequent occasion again collects personal data
from that data subject, referred to as the “subsequent
collection”,